Injunction Solicitors
Injunctions are legal orders that can make someone do or stop doing something. To get one, you need to show the court that there’s a good reason for it, like preventing someone from causing serious harm.
Getting an injunction can be tricky and time-sensitive. It involves gathering evidence, filling out paperwork, and meeting tight deadlines. An experienced litigation solicitor can help you handle the process, making sure everything is done right and on time.
At Lawhive, our specialist network of solicitors can help with injunctions quickly, for affordable fixed fees. Contact us to get a free fixed-fee quote for your case.
What is an injunction?
An injunction is a court order that tells someone to either do something or stop doing something. If it’s about stopping someone from doing something, it’s called a prohibitory or preventative injunction. These kinds of injunctions are common in civil cases and are used to prevent harm to someone else.
Preliminary or temporary injunctions are orders put in place before a trial starts to offer protection. They last until the trial begins or for a specific period mentioned in the injunction. They’re granted when it’s clear that the person asking for it will probably get a longer-term injunction after the trial.
Injunctions can be put in place quickly, making them useful in emergencies where waiting for a court process would be harmful.
How powerful is an injunction?
Injunctions are powerful because they can be implemented quickly and restrict a person’s actions.
Because injunctions can limit someone's actions, the courts are cautious about granting them. They make sure that an injunction is truly necessary before approving it.
Different types of injunction orders
Different types of injunctions cover a range of periods and specific circumstances.
Freezing orders
A freezing injunction is a temporary order that stops someone from getting rid of their assets. Assets like bank accounts, shares, vehicles, and land can be frozen with this injunction. It can be requested by either the person making a claim or the one defending it at any point during the dispute.
To get a freezing order, the person asking for it needs to move fast. The court will consider how quickly they acted when deciding whether to grant the order.
Search orders
A search order is a temporary court order that requires the defendant to let the claimant's chosen representatives enter their premises and look for evidence. This evidence could be documents, information, or materials. The order allows the searchers to copy, take away, and hold onto items while the order is in effect.
The aim is to protect important evidence for a case and stop it from being destroyed. Search orders are meant to keep evidence safe, not gather it.
Disclosure orders
This order allows a party to make a reasonable search for documents. Any documents recovered must be disclosed.
Under what circumstances can you apply for an injunction?
Injunctions are used in many areas of law to solve different problems, like harassment or contract breaches. They're available for various issues, from disputes over intellectual property to concerns about reputation or restrictive covenants.
Can I get an injunction?
To get an injunction, you must show the court that it can maintain or change the current situation to prevent harm. You'll need to prove that granting the injunction will protect your rights that have been violated or are at risk.
Alternatively, you'll need to show that the other party is behaving unfairly or threatening to do so.
You need to demonstrate that:
You would experience irreparable harm without the injunction
Your benefit outweighs the inconvenience placed on the defendant
The case is in the public interest (where relevant)
You can cover the defendant’s costs if it becomes clear that your injunction was not necessary or fair under the law.
The court will decide whether to grant you an injunction based on whether it's fair and if you followed the right steps in your application. An injunction is only given when money alone wouldn't solve the problem.
How to apply for an injunction?
When you apply for an injunction, it depends on whether you need to inform the other party. If you do, it's called a formal application notice. This notice tells them what type of injunction you're seeking, why you need it, and details about any court hearings.
Will the other party know if I apply for an injunction?
Whether or not the other party is informed of the injunction depends on the type of injunction and whether notice is required.
If notice is required, they’ll be informed about your application and the details of any court hearings. Without notice applications are rare and are only granted by the court with a good reason, like if there isn’t enough time to tell the other party or if there’s a risk they’ll hide assets.